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Main Page / Legislations / Law No. 11 of 2004 Issuing the Penal Code / Part 2 / Territorial jurisdiction
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Law No. 11 of 2004 Issuing the Penal Code

Law Summary Record Type: LawNumber: 11Date: 10/05/2004 Corresponding to 21/03/1425 HijriNumber of Articles: 401Status: In force
Official Gazette :Issue: 7Offcial Journal Issue Publication Date: 30/05/2004 Corresponding to 11/04/1425 HijriPage from: 53
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Territorial jurisdiction

  • 9 Article

    The applicable law at the time when the offence is committed shall prevail. In the event of a change in the law applicable to a given case prior to a final judgement, the law more favourable to the person being investigated, prosecuted or convicted shall apply. When a new law no longer criminalizes an act or omission, but a perpetrator has been convicted by the final judgment in accordance with the prior law, the enforcement of the criminal sanction shall not commence or, if it has commenced, shall cease. If the new law only extenuates the penalty, the court that issued the final judgment, upon the request of the Public Prosecution or the convicted, may quash the judged penalty according to the new law.

  • 10 Article

    Notwithstanding the provisions of the preceding Article, if a law is issued to criminalize an act or omission or to enforce more severe punishment, and it is temporary or due to exceptional and urgent circumstances, the forfeiture of this temporary period or exceptional and urgent circumstances shall not under any circumstances prejudice the enforcement thereof upon any offence occurring during such period or any sentence previously served as long as the new law does not stipulate to the contrary.

  • 11 Article

    The new law shall apply to the continuous, successive or habitual offences committed prior to its coming into force, if the offences continued to be committed during the effective period of this Law.

  • 12 Article

    Where a new law is issued which amends the provisions of recidivism, or plurality of offences, the convicting provisions issued prior to its application shall apply.

  • 13 Article

    The provisions of the present Law shall apply to any person who commits, within the jurisdiction of the State of Qatar, an offence stipulated therein.
    An offence shall be deemed to have been committed within Qatar jurisdiction, if one of the offence constituent acts or if the consequence of that act is realized or is intended to be realised thereof.

  • 14 Article

    The provisions of the present Law shall be applicable to offences committed or omitted onboard ships and airplanes registered in, or owned, or bearing the flag of the State of Qatar, irrespective of wherever they are physically located.

  • 15 Article

    Without prejudice to the agreements and conventions to which the State is a party, the provisions of this Law shall not apply to the offence committed onboard foreign ships and airplanes in or passing through the territory of the State unless the offence is against national security, or the defendant or plaintiff is of Qatari nationality, or if assistance is requested by the captain or the pilot, from the Qatari authorities.

  • 16 Article

    The provisions of the present Law shall apply to:
    1. Whoever commits outside the State of Qatar an act which renders him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially inside the State.
    2. Whoever commits inside the State an offence that makes him a perpetrator or an accomplice in a criminal offence that has occurred entirely or partially outside the State and it is punishable by virtue of the present Law and the law of the country in which it was committed.
    3. Whoever commits outside the State or participates in an offence against the internal or external national security, or commits forgery and counterfeit of official documents, government seals, marks, or stamps, or the forgery and counterfeiting of any currency note or coins in the State, or possessing or distributing these counterfeited currencies.

  • 17 Article

    The provisions of this Law shall apply to any person who resides in the State of Qatar after committing abroad, as perpetrator or accomplice, any of the criminal offences of trafficking in drugs or humans or acts of piracy or international terrorism.

  • 18 Article

     Every citizen, whilst abroad, who commits an act that is considered a felony or a misdemeanor according to the provisions of this Law,  shall be punished in pursuance of the provisions thereof, upon return to the State of Qatar, even though the act is punishable under the law of the country in which the offence was committed.

  • 19 Article

    “Non bis in idem”:  No criminal proceedings may commence against any person who has already been acquitted by foreign law courts on a criminal charge or has been finally convicted and punished or if the offence has been barred by time.
     
    Whoever, being a citizen or a permanent resident of Qatar, commits an act or omission outside Qatar that if committed in Qatar would constitute an offence under the law in force in Qatar, shall be deemed to have committed that act or omission in Qatar even if that person is acquitted of any offence stipulated under Sub-article 16-3 herein.

  • 20 Article

    The provisions stipulated in the Law of Juveniles shall be applicable for juveniles who have reached seven years and under sixteen years of age.
    The death sentence may not be imposed on a juvenile who is under eighteen years of age at the time of committing the offence.

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